Tehama County Tehama County Health Services Agency (TCHSA) Driving Under the Influence Program Red Bluff, California

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1 Tehama County Tehama County Health Services Agency (TCHSA) REQUEST FOR PROPOSALS (RFP) Driving Under the Influence Program Red Bluff, California Review all sections carefully and follow all instructions. Proposals due no later than 5:00pm (PDT) April 9, 2018 LATE PROPOSALS WILL NOT BE ACCEPTED Postmarks will not be accepted as meeting the deadline requirement Faxed or ed submissions will not be accepted Delivery to any other office will not be accepted 1

2 RFP Timeline March 22, 2018 April 9, :00pm (PDT) April 16, 2018 Request for Proposal (RFP) released PROPOSAL DEADLINE Final date & time to submit proposals to: Phillip Hernandez Tehama County Health Services Agency Substance Use Recovery Services PO Box 400, Red Bluff, CA Screen proposals April 17-24, 2018 Financial Screening April 17, 2018 Notice of insurance deficiencies ed to proposers April 26, 2018 Final date for proposers to submit corrections of all insurance deficiencies May 1, 2018 Notice of disqualification ed to proposers May 11, 2018 Evaluation of written proposals completed May 29, 2018 Award recommendation posted and/or ed June 5, 2018 Final date to submit written protest June 13, 2018 Resolution of protest Contract Awarded by Tehama County Board of Supervisors 2

3 SECTION I. OVERVIEW A. PURPOSE Tehama County seeks to fill a vacancy in the provision of Driving Under the Influence (DUI) Program services. DUI programs are education and counseling programs licensed by the State of California, and mandated for persons convicted of driving under the influence of alcohol or other drugs. State law requires licensed DUI programs to be funded entirely through participant fees. The County of Tehama is responsible for the local administration and monitoring of the DUI Program(s) to ensure program and fiscal integrity. State law allows Counties to recover an amount, of up to five (5) percent of gross participant fees, for this purpose. The goal of the DUI program aims to increase Public Safety and reduce the number of repeat DUI offenses by persons who complete a statelicensed DUI Program and offer Participants an opportunity to address problems related to the use of alcohol and/or other drugs. The following programs enable participants to consider at-risk attitudes and behavior, learn healthy lifestyle changes, and reduce or eliminate the use of alcohol and/or other drugs. Persons convicted of a DUI offence must complete a DUI program licensed by the Department of Health Care Services (DHCS) to maintain or re-establish their driver s license; however, the Department of Motor Vehicles (DMV) makes the final determination based on the driver s circumstance and driving history: The Wet and Reckless Program Persons convicted of a reckless driving offence with a measurable amount of alcohol in their blood, are required to complete a 12-hour DUI alcohol and drug education program. First Offender Program Persons convicted of a first DUI offense are required to complete one of the following programs, usually determined by their blood alcohol content (BAC): three-month (30-hour), six-month (44- hour), or nine-month (60-hour) program. Each program requires 12 hours of alcohol and drug education, a minimum of 10 to 44 hours of group counseling and one (1) to five (5) individual counseling sessions. Additional hours may also be required by the County. You may refer to the California Vehicle Code, Division 11.5, for specific information regarding BAC levels. 18-Month Program Second and subsequent DUI offenders complete 18-month multiple offender programs with 12 hours of alcohol and drug education, 52 hours of group counseling, biweekly individual sessions, and 6 hours of community reentry monitoring. Additional hours may also be required by the County. 30-Month Multi-Offender Program Person(s) convicted of Multiple DUI offences may be required to complete an 18-month multiple offender programs with 12 hours of alcohol and drug education, 78 hours of group counseling, biweekly individual sessions (39 minimum), and between hours of community service hours as determined by the court. Additional hours may also be required by the County. *See California Code of Regulations (CCR) 9851 DUI Program Services to Be Provided. 3

4 B. FISCAL IMPACT The funding source for DUI programs is program participant fees. There is no additional cost to the County of Tehama. C. SCOPE OF WORK The winning proposer must provide all of the above listed services to applicable DUI offenders as well as provide services to persons arrested for driving under the influence or referred by the DMV, by the Tehama County Superior Court, and by the Tehama County Municipal Courts as a condition of probation, or transfers from other California State approved programs, or those pleading guilty to or pleading nolo contendere to wet and reckless driving. The program shall maintain comprehensive tracking, monitoring and verification of client compliance with the DUI program, related rules and regulations and must be willing to return the client to the Superior or Municipal Court for non-compliance. Any DUI participant who fails to complete the DUI program, and who has been inactive for more than two (2) years, will not be re-admitted unless the participant has been granted an approved leave of absence by the County Alcohol and Drug Administrator or designee, or the participant can verify the reason for the absence was treatment related (residential substance abuse treatment program), or incarceration. If these extenuating circumstances are not met, the participant shall begin the program again, from the beginning, and will not be given credit for past attendance or prior paid fees. DUI Program elements must also include the following: 1 Victim Impact Panel - All enrollees in a Tehama County Driving-Under-The-Influence Program, except Wet and Reckless, must complete a two-hour Victim Impact Panel presented by volunteers associated with Mothers Against Drunk Driving. 2 Intake Assessments/Interviews: To be completed before program participation begins and shall include, but is not limited to the following: completion of intake forms including Release of Information (ROI) for the Tehama County Health Services Agency; The assessment shall address patterns and history of alcohol and other drug use, addiction treatment history, gender, age, work status, family substance abuse history, legal history and current health status, review and completion of a participant contract; written schedule of program activities; times and locations; explicit discussion of abstinence as the desired goal for the duration of the program; and establishment of a participant case file/folder. 3 Individual Face-to-Face Counseling Sessions: Individual counseling sessions with each first offender program participant will be used to discuss the goals and objectives for participation in the program, including abstinence from the use of alcohol and/or illicit drugs as a goal while participating in the program, monitor participant progress, identify problems which may be barriers to program completion, and refer participants to ancillary services when appropriate. Counseling sessions will be a minimum of fifteen (15) minutes in duration. 4 Group Education Sessions - Educational Session shall be no less than one hour and no more than two hours in length. Educational sessions may consist of lectures, seminars, films, audio tapes, written exercises, or any combination thereof. The instructor must be present during the entire educational session. (see Title 9;4; 3:9852 for additional requirements) 4

5 5 Community Re-entry Program During the last six months of participation in an 18-month program, the DUI program shall require the participant to complete a community re-entry phase, consisting of participation in community self-help groups, employment, family activities, and/or other areas of self-improvement. 6 Monitoring of Client Participation: Maintain comprehensive monitoring and verification of client attendance, compliance with program rules and regulations and return of client to the Superior and Municipal Court for non-compliance. Any participant who fails to complete the program, and who has been inactive for more than two (2) years will not be readmitted to the program unless the participant has been granted an approved leave of absence by the Alcohol and Drug Services Administrator or designee, or the participant can verify the reason for the absence was treatment in a residential substance abuse program, or incarceration. D. FEES FOR PROGRAM 1. CONTRACTOR shall pay an administration fee to TCHSA at a rate of five percent (5%) of gross revenue/participant fees. Payments will be made quarterly and submitted with the CONTRACTORS quarterly financial report and Quarterly Licensing and Participant Enrollment Report. 2. All costs are expected to be reimbursed through fees collected by the CONTRACTOR from program clients based upon an approved fee schedule and eligibility policy. No Payment or contributions will be made by the COUNTY to the CONTRACTOR to offset these costs. CONTRACTOR shall charge those program fees which are approved by the COUNTY Health Services Agency, Alcohol and Drug Administrator and by the State of California, Department of Health Care Services. a. The full assessed fee for the Wet and Reckless Education Program is to be set at a maximum of $ per client. b. The full assessed fee for the Three Month First Offender DUI Program is to be set at a maximum of $ per client. c. The full assessed fee for the Six Month First Offender DUI Program is to be set at a maximum of $ per client. d. The full assessed fee for the Nine Month First Offender DUI Program is to be set at a maximum of $1, per client. e. The full assessed fee for the Twelve Month First Offender DUI Program is to be set at a maximum of $1, per client. f. The full assessed fee for the Eighteen Month Multiple Offender DUI Program is to be set at a maximum of $2, per client. 3. Contracts may be negotiated and renewed annually, at the discretion of the County. E. ELIGIBILITY TO APPLY/MINIMUM REQUIREMENTS Those agencies that meet all of the following criteria are eligible to submit a proposal in response to this RFP: 1. Single agency proposals only. No collaborations, partnerships, or multi-agency proposals will be accepted. 2. Must be a responsive proposer whose bid or proposal complies with all requirements of the RFP. 5

6 3. Must have no record of unsatisfactory performance, no outstanding fees owed to Tehama County, no history of late fees to Tehama County in the prior two years, not on a current repayment plan with Tehama County, in compliance with any state or county outstanding Corrective Action Plan (CAP). 4. Must have at least three (3) or more years of demonstrated experience providing alcohol and drug services. 5. Subcontracting any portion of the work is not permitted. 6. Have ability to submit, meet, and abide by any applicable state, federal, and county laws, statutes, and regulations and familiarity with California Code of Regulations (Title 9). 7. Staff providing services must have appropriate licensure/certification from the State approved licensing bodies. 8. Must have the ability to comply with rigorous data collection, reporting, and audits, with the capability to implement program changes based on findings. 9. Must possess or obtain DUI certification from Department of Health Care Services within sixty (60) days of being awarded the contract. F. RFP AWARD 1. One Proposer will win the award for DUI services in Tehama County, City of Red Bluff, CA. Once the award is made, the Proposer and County will discuss the exact location of where services will be provided with the County having final approval. 2. The winning proposer must provide all DUI services outlined in Section A. SECTION II. ADMINSTRATIVE REQUIREMENTS A. PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS 1. All proposal narratives must be submitted: 6

7 a. On single sided, standard white paper, 8 ½ inches by 11 inches in size. b. Double spaced, with 1-inch margins, using at least 12 point Arial or Times New Roman font. c. Each page clearly and consecutively numbered, beginning with the RFP cover letter as page 1. d. Each question in the narrative beginning on a new page. e. Using a binder clip for each copy of the proposal in the upper left corner, please do not staple. 2. Elaborate artwork, expensive paper, binders and bindings, expensive visual or other presentations are neither necessary nor desired. 3. All proposals must be submitted in the order specified in the Proposal Package Checklist (see Exhibit B). 4. The proposal must be submitted in the legal entity name of the proposer and that legal entity shall be party to the contract. Proposals submitted by a corporation must include the original signature of an individual authorized by the corporation s board of directors. Signature facsimile stamps will not be accepted. 5. An original proposal with all original signatures, and copies (as required see Exhibit B, Proposal Package Checklist) of the proposal must be enclosed in a sealed envelope or box bearing the clearly visible name and address of the proposer and plainly marked: SEALED BID - PROPOSAL FOR DUI PROGRAM, RFP No. ADS/053 UNSEALED BIDS WILL NOT BE ACCEPTED. 6. Proposals must be received either by mail or by personal delivery to: Phillip Hernandez, Director Tehama County Health Services Agency Substance Use Recovery Services PO Box 400, 1850 Walnut Street, Suite G Red Bluff, CA Proposals not received by 5:00pm (PDT) on the date shown in the RFP timeline at the above address will be rejected. Proposals received by any other office will not be accepted. It is the responsibility of the proposer to submit the proposal by the time and date to the address specified above. 8. Faxed or ed submissions will not be accepted. 9. A postmark will not be accepted as meeting the deadline requirement. 10. TCHSA-Substance Use Recovery Services will reject any proposals not meeting ALL RFP requirements. 7

8 B. RULES GOVERNING COMPETITIVE PROPOSALS 1. Costs for developing and submitting proposals are the responsibility of the proposer and shall not be chargeable in any way to the County. 2. If the County determines that revisions or additional data to the RFP are necessary, the County will provide addenda or supplements. 3. All proposals submitted become property of the County and will not be returned. 4. Issuance of this RFP in no way constitutes a commitment by the County to award a contract. News releases pertaining to this RFP and its award shall not be made without prior written approval of the County. 5. All proposals shall remain confidential until an agreement has been fully executed by Tehama County. C. RIGHTS OF THE COUNTY The County reserves the right to: 1. Make a contract award to one or more proposers. 2. Make awards of contracts for all the services offered in a proposal or for any portion thereof. 3. Reject any or all proposals received in response to this RFP, or to cancel this RFP if it is deemed in the best interest of the County to do so. 4. Negotiate, make changes, or terminate awards due to budgetary or funding changes or constraints. 5. Negotiate changes to proposal submissions. 6. Enter into negotiations with the proposer who submitted the next highest-rated proposal, or issue a new RFP, if a competitor that is selected through this RFP fails to accept the terms of the County contract. 7. Authorize renewal of contracts annually based on availability of funds and the success of the contractor in meeting the measurable outcomes stated in the contract. 8. To determine the amount of resources allocated to the successful proposer(s). 9. Require information in addition to the proposal for further evaluation, if necessary. 10. To check with references and share any information it may receive with the evaluation committee. 11. Require successful proposer(s) to sign a County contract (Sample contract attached). 12. To make the final determination of the requirement for the report of internal controls to be included with the financial statements. 8

9 13. To conduct evaluation and as a result make changes to various aspects of the program. D. SCREENING CRITERIA Proposals meeting all the screening requirements shall be submitted to an Evaluation Committee. The committee will evaluate the proposals based on the evaluation criteria specified in Section E. Rating Process: General. Portions of responses, including attachments, that exceed the maximum page allowance will not be reviewed by the Evaluation Committee. 1. All proposals received by the deadline shall be screened to determine whether they meet the (a) formatting, (b) content, (c) financial stability, (d) insurance requirements, and (e) criteria as stated in Section I, E. Eligibility to Apply/Minimum Requirements. a. Format requirements are found on page 7. b. Proposal Content requirements are found on pages c. Financial statements, not more than 24 months old, will be screened by the Department s Accounting Staff for the demonstration of financial stability. The following items must be evidenced in the audited financial statements: i. No adverse auditor opinion ii. iii. No disclaimer of auditor opinion No going concern issues The RFP allows for communication between the proposer, the CPA who prepared the financial statement and the Department s Accounting Manager. This communication includes additional documentation and reports to be provided to the Department s Accounting Manager and for those documents and explanations to be considered as part of the demonstration of financial stability. e. Insurance requirements, found in Exhibit E, are met by submission of an insurance certificate(s) demonstrating current coverage AND/OR a letter from an insurance broker indicating that a policy for the level of coverage required can be issued. IF COUNTY FINDS A DEFICIENCY WITH THE PROPOSER S INSURANCE SUBMISSION, PROPOSER WILL HAVE UNTIL BY THE DATE SHOWN IN THE RFP TIMELINE TO SUBMIT ANY FURTHER INSURANCE DOCUMENTATION TO THE COUNTY. Proposers will be notified via regarding any deficiencies in the insurance submission. f. Eligibility to Apply/Minimum Requirements are found in Section I, D of this RFP. 2. Failure to furnish all information required in this RFP or to substantially follow the proposal format requested shall disqualify the proposal. Proposers will be notified of disqualification by the date shown in the RFP timeline. A proposer may protest screening disqualification by following Section F Opportunity to Protest. 9

10 E. RATING PROCESS: GENERAL 1. Those proposals that meet minimum requirements as noted above will be included in a review and selection process. The proposals will be reviewed and evaluated by an Evaluation Committee, which may consist of County Staff, representatives from other public agencies, and/or individuals from the community at large. The panel of evaluators will recommend the highest rated proposal(s) to the DHHS Director. The DHHS Director will make final recommendations for contractor selection to the Board of Supervisors. The DHHS Director may recommend a contractor that is not the highest rated and provide justification for her recommendation to the Board of Supervisors. 2. Recommendation(s) for the award(s) is contingent on successful resolution of any protests, which would otherwise restrict or limit such an award. 3. Notice of the recommendation(s) for the award(s) will be ed to all proposers by the date shown in the RFP timeline after a notice of the proposed award(s) has been posted at Tehama County Health Services Substance Use Recovery Center Lobby located at 1850 Walnut Street, Suite G, Red Bluff, CA A minimum score of 70% is required to pass the evaluation. If the minimum score is not met, the proposal will be rejected. F. OPPORTUNITY TO PROTEST 1. Any proposer wishing to protest disqualification in the screening process or the proposed award recommendation(s) must submit a written letter of protest to the DHHS director. Submit such a letter by the date shown in the RFP timeline. Any protest shall be limited to the following grounds: a. The County failed to include in the RFP a clear, precise description of the format which proposals shall follow and elements they shall contain, the standards to be used in screening and evaluating proposals, the date on which proposals are due, and the timetable the County will follow in reviewing and evaluating them: and/or b. Proposals were not evaluated and/or recommendation(s) for award were not made in the following manner: i. All timely proposals were reviewed to determine which ones met the screening requirements specified in the RFP; and/or ii. iii. iv. All proposals meeting the screening requirements were submitted to an Evaluation Committee, which evaluated the proposals using the criteria specified in the RFP; and/or The proposer(s) judged best qualified by the Evaluation Committee was recommended to the Director of DHHS for award; and/or The County correctly applied the standards for reviewing the format requirements or evaluating the proposals as specified in the RFP. 10

11 2. The written letter of protest of the proposed award(s) must reference the title of this RFP and be submitted to: Phillip Hernandez, Director Tehama County Health Services Agency Substance Use Recovery Services PO Box Walnut Street, Suite G Red Bluff, CA Protest letters must be received at the above address by the date shown in the RFP timeline. Postmarks will not be accepted as meeting the deadline requirement. Faxes or s will not be accepted. Oral protests will not be accepted. It is the proposer s responsibility to ensure receipt of delivery to the above address by the date, time and place specified above and in the timetable. Protests will not be accepted after the deadline specified. Protest letters must clearly explain the failure of the County to follow the rules of the RFP as discussed above in Section II. F. 3. All written protests shall be investigated by the Director of DHHS, or her designee, who shall make a finding regarding any protest by the date shown in the RFP timeline. G. COMMENCEMENT OF WORK 1. Contract(s) shall not be executed until after TCHSA has obtained Tehama County Board of Supervisors approval for the contracts. 2. The successful proposer(s) shall be required to sign a Tehama County contract (sample attached). The successful proposer(s) must agree to all terms and conditions of any resultant contract with Tehama County, which includes providing proof of required insurance coverage. Failure to conform to insurance requirements shall constitute grounds for termination of contract negotiations and the County may enter negotiations with the next highest scoring proposer or reissue the RFP. 3. The successful proposer(s) will not be allowed to begin work under any successfully negotiated contract until the contract has been signed by the proposed contractor(s) and Tehama County. 11

12 SECTION III. PROPOSAL REQUIREMENTS This Request for Proposal and TCHSA contract language requires: A. Audited Financial Statement: Agencies must submit an Annual Audited financial statement and accompanying Auditor s report and notes if gross revenue from services total $150,000 or more for any twelve-month period. The Audited financial statement shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and the Audit shall be performed by an independent Certified Public Accountant in accordance with Generally Accepted Auditing Standards (GAAS). B. Reviewed Financial Statement: Agencies must submit an Annual Reviewed financial statement if gross revenue from services total less than $150,000, but more than $50,000 for any twelve-month period. The Reviewed financial statement shall be prepared by an independent Certified Public Accountant in accordance with Statements on Standards for Accounting and Review Services issued by the AICPA. Audited financial statements may be substituted for Reviewed financial statements. 12

13 EXHIBIT A RFP COVER LETTER AND CERTIFICATION OF INTENT TO MEET RFP REQUIREMENTS SUBJECT: DUI PROGRAM, RFP Name of proposer (Legal Entity) TO: TEHAMA COUNTY HEALTH SERVICES AGENCY SUBSTANCE USE RECOVERY SERVICES ATTN: PHILLIP HERNANDEZ PO BOX 400, 1850 WALNUT STREET, SUITE G RED BLUFF, CA Name, Parent Corporation (if applicable) Address of proposer (Street, City, and Zip Code) Proposer s federal tax identification number Proposer s DUNS number Contact person (Name, title, phone number, address) Name and title of person(s) authorized to sign for agency Certification I certify that all statements in my proposal are true and that all eligibility to apply/minimum requirements are satisfied. This certification constitutes a warranty, the falsity of which shall entitle Tehama County to pursue any remedy authorized by law which shall include the right, at the option of the County, of declaring any contract made as a result hereof void. I agree to provide the County with any other information the County determines is necessary for the accurate determination of the agency s qualification to provide services. I certify that the (agency s name) will comply with all requirements specified in the RFP which are applicable to the services which we wish to provide. I agree to the right of the county, state, and federal government to audit (agency s name) financial and other records. Signature of proposer or Authorized Agent Date 13

14 EXHIBIT B PROPOSAL PACKAGE CHECKLIST The proposal checklist must be completed and submitted with your proposal. All items must be submitted in the order listed. Please utilize this checklist to ensure that your proposal package is complete. This checklist MUST accompany the proposal. Provide one (1) original proposal with items 1-9 ONLY. Provide three (3) copies of items 1-3 ONLY. CHECKBOX ITEMS Provide an original and three (3) copies of Items 1-3 below 1. RFP Cover Letter and Proposer s Statement/Intent to Meet RFP Requirements. Page 1 of original proposal and all copies (Exhibit A) 2. Proposal Package Checklist (Exhibit B) 3. Proposal Narrative (Exhibit C) Provide one (1) copy of Items 4-9 below 4. Assurance of Cultural Competence Compliance 5. Certificate(s) of Insurance, documenting current coverage General Liability: $2,000,000 Automobile Liability: $1,000,000 Worker s Compensation/Employers Liability: Statutory/$1,000,000 Professional Liability or Errors and Omissions Liability: $1,000,000 Cyber Liability including Identity Theft, Information Security and Privacy Injury: $1,000,000 per claim or incident and $1,000,000 aggregate --OR-- Insurance Broker s Letter Demonstrating Ability to Meet County Requirements 6. Resolution by the agency s Board of Directors (see Exhibit F) 9. Independently Audited or Reviewed Financial Statement (see page 14) SUBMISSION STANDARDS Use this list to check your proposal for compliance with screening requirements Original proposal, identified as original Original signatures on ALL documents in original proposal Three (3) copies of items 1-3 The original and each copy of proposal is secured/bound with binder clip Proposal submitted in sealed container Proposal submitted by 5:00pm (PDT) on date shown in RFP timeline All documents meet format and content requirements Independently Audited or Reviewed Financial Statement not more than 24 months old Insurance requirements met. 14

15 Exhibit C PROPOSAL NARRATIVE A. PROPOSAL NARRATIVE INSTRUCTIONS: 1. State the question prior to providing your answer. Single space allowed for stating the question, double space your answer. 2. Each area/question in the narrative must begin on a new page. The maximum page requirements include statement of the question. Portions of responses, including attachments that exceed the maximum page allowance will not be reviewed by the evaluation committee. PROPOSAL NARRATIVE FOR DRIVING UNDER THE INFLUENCE PROGRAM RFP NO. ADS/053 Areas to be addressed: 1. Describe your organization s previous and current experience in the provision of substance use, prevention and/or treatment services; include the number of years providing these services, and any experience or knowledge with the DUI Court, MADD, DMV and DUI Advisory Committee. Proposers will be rated on: Clarity and completeness of response, and: Quality and relevance of previous experience that demonstrates the organizations understanding, ability and capacity to provide these services within the scope of work; and number of years providing substance use, prevention or treatment services. Number of years providing DUI Program Services (if any). Maximum Pages Maximum Points Describe your plan for retention and ensuring a majority of clients complete the program. Clarity and completeness of the response, and: Quality of plan; methods for promoting client retention and completion Name and describe the curriculum and/or evidence-based program that your agency will implement. Describe how the curriculum and/or evidence-based program will reduce recidivism and increase safety for the community. Clarity and completeness of response, and: Quality and effectiveness of program and/or curriculum including training for employees

16 Exhibit C 4. PROPOSAL NARRATIVE FOR DRIVING UNDER THE INFLUENCE PROGRAM RFP NO. ADS/053 Areas to be addressed: A. Describe your plan for service approach from engagement to discharge, include the array of services available; hours offered for each level of program; methods used to document group participation/ progress; methods to ensure participant has received and understood information presented; alcohol/drug testing policy and methods used; method for determining number of staff to participant ratio. B. Describe your strategies to ensure continuity of care or care coordination in delivering seamless support during the discharge process to appropriate levels of care. Proposers will be rated on: Clarity and completeness of response, and: A. Quality and effectiveness of service approach; quality of services available; reasonable hours; effectiveness of methods; appropriate staff-toparticipant ratio. B. Effectiveness of strategies; knowledge of community resources; understanding considerations involved in providing clinically appropriate services. Maximum Pages Maximum Points 6 10 C. Describe your plan to ensure that your staff, County staff and Court staff interact, coordinate efforts, and function as one team to effectively provide services as defined in the scope of work. 5. Describe your safety protocols/procedures for clients who arrive at the DUI Program under the influence of drugs and/or alcohol. Include how you would utilize community resources. C. Quality of plan. Clarity and completeness of response, and: A. Effectiveness of safety plan; supportive linkages to resources that support client safety; range of safety procedures. B. Suitable community resources A. Provide an example of your agency payment collection process; include the extended payment plan, the policy for waiving fees for eligible clients, the timing by which payments are due, the down payment and the method for determining a participant s ability to pay. B. Describe your plan to pay State and County portion of fees. Clarity and completeness of response, and: A. Quality of payment collection process and related policies. B. Quality of plan to pay fees accurately and timely

17 Exhibit C PROPOSAL NARRATIVE FOR DRIVING UNDER THE INFLUENCE PROGRAM RFP NO. ADS/053 Areas to be addressed: 7. Provide your plan for monitoring compliance with Title 9 (Division 4, Chapter 3) and the Health and Safety Code (Section ). Proposers will be rated on: Clarity and completeness of response, and: A. Quality of monitoring plan; knowledge of Title 9 regulations. Maximum Pages Maximum Points Describe your strategies for providing services that are culturally, ethnically, and linguistically competent with sensitivity to, and affirmation of, gender identity, gender expression, disabilities, and sexual orientation. Clarity and completeness of response, and: Quality of strategies. 1 5 TOTAL PAGES MAXIMUM FOR NARRATIVE/ MAXIMUM POSSIBLE POINTS FOR NARRATIVE

18 AGREEMENT BETWEEN THE COUNTY OF TEHAMA AND This agreement is entered into between the County of Tehama, through its Health Services Agency ( County ) and ( Contractor ) for the purpose of providing court ordered Driving under the Influence education classes. The objectives of the State of California DUI programs are to: (1) reduce the number of repeat DUI offenses by individuals who complete a Department of Health Care Services approved and licensed DUI program and (2) provide participants an opportunity to address problems related to the use of alcohol and other drugs. 1. RESPONSIBILITIES OF CONTRACTOR Contractor shall: (1) Maintain an approved and valid Driving Under the Influence (DUI) program license and compliance with the programs application for licensure approved by the county and the California Department of Health Care Services (DHCS); (2) Maintain DUI program licensure and services in compliance with California Code of Regulations (CCR) Title 9, Division 4, subchapters 1-4; (3) Provide the county alcohol and drug program administrator and/or designee and DHCS access to all programmatic and fiscal records necessary to conduct county monitoring and State approval activities, including evaluation. Said access shall not conflict with any local, state, or federal confidentiality regulations; (4) The location(s) where services will be provided; (5) The services to be provided at each location; (6) The hours services will be available; (7) A description of the participant enrollment process; (8) A description of procedures for assessment of participants' alcohol and other drug problems; (9) A description of activities to be conducted during the final six-months of program participation in the 18-month multiple offender program; (10) A sample participant contract; (11) A sample of all other forms to be used by the program; (12) The program fees, standardized payment schedule, a breakdown of program fees by unit of service, additional fees, and related forms. (13) Enroll any person who presents documentation from the court or the Department of Motor Vehicles verifying his/her arrest or conviction for one of the DUI violations specified in Health and Safety Code Section (a). Such documentation shall indicate whether the offense is a first, second or third DUI violation. (14) Ensure DUI program staff who conduct DUI program intake, assessments and sessions meet the staff qualifications required in CCR Section 9846(b). (15) Electronically submit completion certificate to the Department of Motor Vehicle within 15 days of participant completing the program and paying all fees. 1

19 Required Educational Programs to be provided by Contractor: Contractor shall Make available and provide the following Driving Under the Influence (DUI) Education Programs with the goal of enabling participants to consider at-risk attitudes and behavior, learn healthy lifestyle changes, and reduce or eliminate the use of alcohol and/or other drugs. The Wet and Reckless Program A 12-hour DUI alcohol and drug education program offered to persons convicted of a reckless driving offense with a measurable amount of alcohol in their blood. No more than two (2) absences per period of enrollment for completion. First Offender Program - determined by a person(s) Blood Alcohol Content. You may refer to the California Vehicle Code, Division 11.5, for specific information regarding BAC levels. Three (3)-month program minimums: Twelve (12)-hours of Educational Sessions Ten (10) hours of Group Sessions Three (3) fifteen (15) minute Face to Face interviews Eight (8) hours of additional education, group or combination of both. No more than five (5) total absences per period of enrollment for completion. Six (6)-month program minimums: Twelve (12)-hours of Education Sessions Twenty-eight (28) hours of Group Sessions Four (4) fifteen (15) minute Face to Face interviews Four (4) hours of additional education, group or combination of both. No more than seven (7) total absences per period of enrollment for completion. Nine (9)-month program minimums: Twelve (12)-hours of Education Sessions Forty-four (44) hours of Group Sessions Five (5) fifteen (15) minute Face to Face interviews Four (4) hours of additional education, group or combination of both. No more than seven (7) total absences per period of enrollment for completion. Eighteen (18)-month program minimums: Twelve (12)-hours of Education Sessions Fifty-two (52) hours of Group Sessions Twenty-four (24) fifteen (15) minute Face to Face interviews once every other week Six (6) hours of community re-entry monitoring No more than ten (10) total absences per period of enrollment for completion. 30-Month Multi-Offender Program Twelve (12)-hours of Education Sessions Seventy-eight (78) hours of Group Sessions Thirty-nine (39) fifteen (15) minute Face to Face interviews once every other week One hundred twenty (120) hours minimum and three hundred (300) hours maximum of probative evidence of voluntary community service hours as determined by the court. 2

20 No more than fifteen (15) total absences per period of enrollment for completion. *Above services shall be provided in accordance with California Code of Regulations (CCR) 9851 DUI Program Services. Program services shall include: (A) (B) Intake a. Intakes shall include: i. A discussion of goals and objectives for participation in the program, including abstinence from the use of alcohol and/or illicit drugs as a goal during the duration of participation in the program. ii. Providing the participant with materials which describe how abstinence contributes to a healthy lifestyle. iii. Explaining the counseling, education, and face-to-face interview requirements; attendance requirements; procedures for requesting a leave of absence; and reasons for dismissal from the program. iv. Completing a participant contract listing the services to be provided, program rules, grievance procedures, program fees, additional fees, payment schedule and reasons for dismissal from the program, as stated in Section Assessment a. Within the first 60 days of participation, the DUI program shall complete an assessment of each participant's alcohol or drug use. The assessment shall address: gender, age, patterns and history of alcohol and other drug use; addiction treatment history; work status, family substance abuse history, legal history, and current health status. b. Alcohol and drug assessments shall be conducted by DUI program counselors who meet the staff qualification standards listed in Section 9846(c). c. The counselor conducting the assessment shall discuss the results of the alcohol or drug assessment with the participant. d. As part of the assessment, the counselor shall recommend any ancillary services he/she thinks would be potentially beneficial to the participant. Ancillary services recommended should be appropriate to the individual participant and available nearby. e. The counselor shall record the results of the participant's alcohol or drug assessment, the follow up discussion, and the recommendations for ancillary services in the participant's case record. Educational Sessions: a. Educational sessions shall be no less than one (1) hour and no more than two (2) hours in length. Time allowed for breaks shall not be counted toward meeting the number of hours for educational sessions in accordance with Section b. Educational sessions shall be informational in content and instructional in nature 3

21 c. Educational sessions may consist of lectures, seminars, films, audio tapes, written exercises, or any combination thereof. Sessions shall include information regarding the following topics: i. The use and effects of alcohol and other drugs. ii. The nature of addiction to alcohol and other drugs. iii. Impairment of driving abilities, skills, and judgment caused by consumption of alcohol or other drugs. iv. Alternatives to the abuse of alcohol and the use of illicit drugs, including discussion of how abstinence, additional county requirements, ancillary services, and participation in self-help groups, assist the participant to recognize the effects of chemical dependency and understand the recovery process. v. The effects of alcohol or other drug use on the individual, the family, and society. vi. The DUI program staff shall encourage participant discussion during educational sessions. d. A participant shall not attend more than one educational session per calendar day. e. The DUI program shall limit attendance at educational sessions to a maximum of 35 program participants. f. The instructor must be present during the entire educational session. Group Counseling Sessions: a. Group counseling sessions shall be no less than one (1) hour and no more than two (2) hours in length. b. The DUI program may substitute one (1) hour of individual counseling sessions for every two (2) hours of group counseling sessions if the participant is unable t participate in or benefit from group counseling sessions because of a language barrier, an emotional problem, or other difficulty. c. Time allowed for breaks shall not be counted as part of the minimum time required for group counseling. Group counseling sessions shall be conducted by DUI program counselors in a manner that: d. Encourages the participants to talk and share ideas and information in order to identify and resolve alcohol or drug related problems; e. Provides an opportunity for participants to examine their own personal attitudes and behavior; and f. Provides support for positive changes in life style to facilitate reduction or elimination of alcohol or drug problems. g. Group counseling sessions may emphasize a specific topic or may be less structured in nature. h. The DUI program shall not use films or lectures to meet the number of hours of required group counseling sessions First offender programs shall not allow an outside person, except an interpreter, to participate in group counseling sessions conducted for participants. i. 4

22 A DUI program licensed as an 18-month or 30-month program shall not allow an outside person, except an interpreter, a participant's family member, or a significant other to attend group counseling sessions conducted for the participant. If the DUI program allows a participant's family member and/or significant other to attend group counseling sessions they shall follow the guidelines in CCR Face to Face Sessions: (a) Each DUI program shall conduct private, face-to-face interviews with each participant to: i. Discuss and Monitor payment of fees; ii. Discuss and encourage participant attendance in educational sessions and counseling sessions; iii. Discuss and identify problems which may be barriers to program completion, including progress in group and other counseling sessions; and iv. Evaluate the participant's need for referral to ancillary services. v. Face-to-face interviews shall be at least 15 minutes in length and shall be longer whenever the interviewer or the participant determines that additional time is needed. face-to-face interviews shall be conducted on a regularly scheduled basis, rather than on a drop-in basis. Three (3)- month first offender programs, face-to-face interviews shall be conducted pursuant to Section 9851(b)(4). Six (6)-month programs for first offenders with court ordered duration of participation, face-to-face interviews shall be conducted pursuant to CCR Section 9851(c)(3). Nine (9)-month programs for first offenders with court ordered duration of participation, face-to-face interviews shall be conducted pursuant to subdivision CCR 9851(d)(3). Eighteen (18)-month multiple offender programs, the required number of face-to-face interviews, including make-ups, shall be conducted for the first 12 months or until completion of the core program requirements pursuant to subdivision CCR 9851(e)(1)(C). Thirty (30)-month multiple offender programs, the required face-to-face interviews, including make-ups, shall be conducted for the first 18 months or until completion of the core program requirements pursuant to subdivision CCR 9851(f)(1)(C). Whenever possible, face-to-face interviews shall be conducted by the same interviewer for the duration of the program. 5

23 Organization and Maintenance of Participant Records a. The DUI program shall establish a participant case folder which contains all relevant material and documentation for each participant. b. The DUI program shall maintain participant records including completed copies of all required forms and records, for a minimum of 48 months after the: i. date of transfer to another DUI program; ii. date of dismissal from the program; or iii. date of issuance of a Notice of Completion Certificate. 2. RESPONSIBILITIES OF THE COUNTY County shall compensate Contractor for said services pursuant to Section 3 and 4 of this agreement. 1 COUNTY shall conduct monitoring of programs annually using a standardized monitoring procedure/instrument approved by DHCS in compliance with of the Health and Safety Code. a. County is authorized to represent the interests of COUNTY and DHCS in carrying out the terms and conditions of this contract. b. County, with proper identification, will be allowed the right to inspect, review and monitor Contractor s facilities, program, procedures, and programmatic and financial records during normal business hours to ensure compliance with County and DHCS regulations. c. County shall monitor contractor to ensure compliance with the Regulations contained in the requirements outlined in CCR, Title 9, Division 4, Chapter 3, and CCR, Title 9, Division 4, Chapter 8, and by those additional requirements which may be established by the County as approved by DHCS. d. COUNTY shall monitor PROVIDER to ensure that approved DUI programs do not utilize other funds administered by DHCS for program operations and to ensure that PROVIDERS do not utilize participant fees for purposes other than DUI program activities. e. COUNTY shall monitor periodically for program effectiveness and quality of service. f. COUNTY shall investigate complaints and grievances received by COUNTY against DUI program providers, and shall refer such complaints and grievances to DHCS as needed. 6

24 2. COUNTY shall assure the DHCS Licensing Branch in writing of the programmatic and fiscal integrity of the COUNTY DUI program(s). 3. COUNTY shall provide a list of approved Tehama County DUI programs to Tehama County Court locations, referral agencies, and other interested parties. 4. COUNTY shall continue its role as liaison between the Courts and other agencies within the COUNTY on regulation and requirements in CCR, Title 9, Division 4, Chapter COMPENSATION Insert appropriate paragraph from Compensation, Billing and Payment Standard Paragraphs (Flat Fee, Fee Schedule or Actual Cost) provided with this agreement BILLING AND PAYMENT Insert appropriate paragraph from Compensation, Billing and Payment Standard Paragraphs (Flat Fee, Fee Schedule or Actual Cost) provided with this agreement A. FEES FOR PROGRAM 1. All program costs are expected to be reimbursed through fees collected by the Contractor from program clients based upon an approved fee schedule and eligibility policy. No Payment or contributions will be made by the COUNTY to the CONTRACTOR to offset these costs. CONTRACTOR shall charge those program fees which are approved by the Tehama County Health Services Agency, Substance Use Recovery Director/Alcohol and Drug Administrator and by the State of California, Department of Health Care Services. Maximum allowable fees are: a. The full assessed fee for the Wet and Reckless Education Program is to be set at a maximum of $ per client. b. The full assessed fee for the Three Month First Offender DUI Program is to be set at a maximum of $ per client. c. The full assessed fee for the Six Month First Offender DUI Program is to be set at a maximum of $ per client. d. The full assessed fee for the Nine Month First Offender DUI Program is to be set at a maximum of $1, per client. e. The full assessed fee for the Twelve Month First Offender DUI Program is to be set at a maximum of $1, per client. f. The full assessed fee for the Eighteen Month Multiple Offender DUI Program is to be set at a maximum of $2, per client. 2. Contractor shall pay an administration fee to TCHSA at a rate of five percent (5%) of gross revenue / participant fees. Payments will be made quarterly and submitted with the CONTRACTORS quarterly financial report and Quarterly Licensing and Participant Enrollment Report. 7

25 3. Contractor shall submit payment of fees to the County within thirty (30) days of the end of the reporting period. Non-payment of fees to the COUNTY by the specified date may result in termination of the contract. 4. Contractor shall submit cost reports to the COUNTY within sixty (60) days of the close of the fiscal year (e.g., August 30). Non-submission of cost reports within the specified time may result in removal from the DUI program referral list. 5. Contractor shall inform the COUNTY thirty (30) days prior to closure of a DUI program. In the event of a program closure, PROVIDER shall make immediate and appropriate plans to transfer or refer all participants to other DUI providers for continuing service and to remit all participant files to the COUNTY. 6. Fee change requests may be submitted for approval on an annual basis. 7. Contracts may be negotiated and renewed annually, at the discretion of the County. 5. TERM OF AGREEMENT This agreement shall commence on the date of signing and shall terminate , unless terminated in accordance with section 6 below. 6. TERMINATION OF AGREEMENT If Contractor fails to perform his/her duties to the satisfaction of the County, or if Contractor fails to fulfill in a timely and professional manner his/her obligations under this agreement, or if Contractor violates any of the terms or provisions of this agreement, then the County shall have the right to terminate this agreement effective immediately upon the County giving written notice thereof to the Contractor. Either party may terminate this agreement on 30 days written notice. County shall pay contractor for all work satisfactorily completed as of the date of notice. County may terminate this agreement immediately upon oral notice should funding cease or be materially decreased, or should the Tehama County Board of Supervisors fail to appropriate sufficient funds for this agreement in any fiscal year. The County s right to terminate this agreement may be exercised by ENTIRE AGREEMENT; MODIFICATION This agreement for the services specified herein supersedes all previous agreements for these services and constitutes the entire understanding between the parties hereto. Contractor shall be entitled to no other benefits other than those specified herein. No changes, amendments or 8